NHL players have voted to endorse a "disclaimer of interest'' that could potentially dissolve their union and perhaps help to end the 98-day lockout.

NHLPA executive director Donald Fehr and his board are in position to file a "disclaimer of interest'' and dissolve union.

By:Mark ZwolinskiSports Reporter, Published on Fri Dec 21 2012

NHL players have taken a step closer to disbanding their union. The NHL, meanwhile, is seeking to have its lockout declared legal.

So, what’s next?

After the union’s weeklong vote on a “disclaimer of interest’’ wrapped up Friday with an “overwhelming” endorsement, the only logical option left is to get back to the bargaining table.

But neither side has met formally in almost two weeks, and there was no indication of any meetings planned before Christmas (though both sides say they are willing to meet despite the holiday).

It’s expected, though, despite the rash of legal wrangling and threats of dissolving the union, the two sides will return to bargaining rather than proceed with legal options that would almost certainly kill the season.

The NHLPA arrived, as expected, with a vote in which the results flew past the required two-thirds majority to authorize its executive board to proceed with the disclaimer.

If the NHLPA's executive board elects to go ahead and file the disclaimer, the union will be dissolved and transformed into a trade association. That would allow players to file anti-trust lawsuits against the NHL.

The union has given no indication that it will proceed with that direction. In fact, it has given much stronger indication it wishes to get back to the bargaining table.

The league, as soon as the disclaimer vote began last weekend, filed a lawsuit in U.S. Federal Court in New York to declare the lockout legal; it also submitted an unfair labour practice charge with the National Labor Relations Board.

It’s not known how long the process would take if the union actually does decide to proceed with dissolving its leadership and challenging the lockout in court. But there is danger to both sides, let alone the threat of losing the season outright.

There is strong precedent in the U.S. where dissolved unions are paid triple their lost wages under disclaimer of interest lawsuits. The lockout moved into its 98th day Friday, with players collectively losing $9 million a day since the shutdown began.

The league has also threatened to declare all contracts null and void under a disclaimer. That would hurt both sides, and create a totally unpredictable, league-wide free agency that could, in theory, upset the balance of power, allow rich teams to spend out of control and leave mid to low range income players facing rock-bottom salaries, far below the league minimum of $550,000.

According to labour experts, the union would need the approval of the NLRB to declare their certification legal in court, and the NLRB could rule against the motion if it finds, as the NHL does, the move to be an unfair bargaining tactic.

It’s also likely any legal action could be tied up in courts for weeks to months, which would push past the league’s recent statement that a basic drop dead date for a new CBA would be mid-January.

Virtually every media outlet and labour expert was eyeing the union vote Friday as another step towards resolving the lockout through bargaining. Most are pointing to a near mirror pattern followed by the NBA last season, where the union dissolved its leadership in November, successfully negotiated a new CBA 12 days later and opened the season at Christmas.